Problem
Chuck created a testamentary trust for his four daughters: Alexandria, Cori, Jamila, and Jackie. He made his brother, Gaston (who was also executor of the will) the trustee of the trust and requested that all the property be put into a discretionary trust for his four daughters. The trust gave Gaston full discretion to pay out income and principal to Chuck's daughters. In the first few years of the trust, Gaston paid out income to the beneficiaries fairly regularly in about equal amounts. However, as the market fluctuated, Gaston sat down with his nieces to discuss their finances to see what type of support they needed. The girls were honest and expressed that they enjoyed the additional income, but they could get by without it. At that point, Gaston stopped paying any income to the beneficiaries. He continued not paying his nieces for six years until Jackie requested income, since she recently lost her job. Gaston began paying income to Jackie but did not pay any of his other nieces out of the trust. When Alexandria, Cori, and Jamila found out about these payments, they were frustrated with Gaston and asked the court to remove him as trustee. Jackie agreed with her sisters and expressed that she thought another trustee would be better. Gaston refused to resign as trustee.
What considerations should the court look to when considering a new trustee? Based on these facts, should the court remove Gaston as trustee?